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Resolution 2023-32540RESOLUTION NO. 2023-32540 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO PRIORITIZE ITS REVIEW OF ANY LIFE SAFETY CONCERNS AT THE MIAMI BEACH MARINA IMPLICATED BY THE LOCATION OF EXISTING ELECTRICAL INFRASTRUCTURE AT OR NEAR THE MARINA DOCKS, PARTICULARLY DURING KING TIDES, AND TO TAKE ALL NECESSARY STEPS TO WORK WITH SUNTEX, THE MARINA LESSEE, TO IDENTIFY AND IMPLEMENT CORRECTIVE MEASURES AS MAY BE REQUIRED BY THE MARINA LEASE AS EXPEDITIOUSLY AS POSSIBLE AND, IN ANY EVENT, BY SEPTEMBER 1, 2023. WHEREAS, king tides are the highest predicted high tides of the year; and WHEREAS, in Miami Beach, the king tides usually occur during the months of September, October, and November and provide a preview of the kind of tidal variations we will see in years to come if sea levels continue to rise; and WHEREAS, according to the National Oceanic and Atmospheric Administration (NOAA), king tides in Miami Beach can reach over 12 inches above the average high tide for the year; and WHEREAS, Miami Beach is low-lying and near sea level, the city is particularly vulnerable to king tide flooding; and WHEREAS, king tides provide a preview of what normal tidal variations may be in the years to come if sea levels continue to rise; and WHEREAS, Miami Beach also faces flood risk from storms, hurricanes, and sea level rise generally; and WHEREAS, an article published in 2021 by University of Florida's Warrington College of Business indicated that the average sea level in Key West rose by 6.82 inches between 1980 and 2020; and WHEREAS, when the Miami Beach Marina (the "Marina") was constructed in the early 1980s, the electrical infrastructure was built based on then existing sea level and tidal conditions; and WHEREAS, in recent years, flooding at the Marina during high tides has required the Marina operator, Suntex Marinas ("Suntex"), to shut off the main power to prevent potentially unsafe conditions; and WHEREAS, the City is concerned that this approach to addressing safety concerns associated with the existence of electrical infrastructure that is at or below sea level during king tides is insufficient; and WHEREAS, Suntex has engaged an electrical engineer to investigate the problem and make recommendations; and WHEREAS, residents in the vicinity of the Marina are anxious for this issue to be resolved as soon as possible; and WHEREAS, pursuant to the terms of the Marina lease, Suntex must maintain the marina site in good repair and all electrical fixtures, pipes, wires, and conduits in good, clean, healthful and safe order and condition. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida direct the City Administration to prioritize its review of any life safety concerns at the Miami Beach Marina implicated by the location of existing electrical infrastructure at or near the Marina docks, particularly during king tides, and to take all necessary steps to work with Suntex Marinas, the marina lessee, to identify and implement corrective measures as may be required by the marina lease as expeditiously as possible and, in any case, by September 1, 2023. PASSED and ADOPTED this Al day of �ar� , 202 3. ATTEST: MAR 3 1 2023 Rafael E ranado, City Clerk 2 Dan Gelber, Mayor NCO RPRATED! 5APPROVED AS TO .9h FORM & LANGUAGE & FOR EXECUTION 3— City Attorney � D Resolutions - C7 AA MIAMI BEH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: ' Rafael A. Paz, City Attorney DATE: March 27, 2023 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO PRIORITIZE ITS REVIEW OF ANY LIFE SAFETY CONCERNS AT THE MIAMI BEACH MARINA IMPLICATED BY THE LOCATION OF EXISTING ELECTRICAL INFRASTRUCTURE AT OR NEAR THE MARI NA' DOCKS, PARTICULARLY DURING KING TIDES, AND TO TAKE ALL NECESSARY STEPS TO WORK WITH SUNTEX, THE MARINA LESSEE, TO IDENTIFY AND IMPLEMENT CORRECTIVE MEASURES AS MAYBE REQUIRED BY THE MARINA LEASE AS EXPEDITIOUSLY AS POSSIBLE AND, IN ANY EVENT, BYSEPTEMBER 1, 2023. ANALYSIS Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the above -referenced Resolution is submitted for consideration by the Mayor and City Commission at the March 27, 2023 Commission meeting. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? No Legislative Tracking Office of the CityAttomey Does this item utilize G.O. Bond Funds? No Sponsor Commissioner Kristen Rosen Gonzalez Page 563 of 1292